Western Power Distribution Investments Ltd. v Welsh Ministers
The Welsh Ministers' decision to list Llanishen Reservoir was lawful and rational, based on its historic interest as part of a major Welsh civic engineering scheme. The listing was consistent with statutory criteria and policy guidance, and the court found no grounds to interfere with the decision.
- Parties
- Claimant: Western Power Distribution Investments Limited; Defendant: Welsh Ministers
- Jurisdiction
- England and Wales
- Judgment Date
- 22 February 2010
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Listed Buildings, Historic Interest, Judicial Review, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Western Power Distribution Investments Limited
Claimant
Welsh Ministers
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Welsh Ministers' decision to list Llanishen Reservoir as a building of special architectural or historic interest was lawful
- 2 Whether the decision was unreasonable or irrational
- 3 Whether the Ministers failed to follow policy by not selecting only the best examples for listing
Ratio Decidendi
The Welsh Ministers' decision to list Llanishen Reservoir was lawful and rational, based on its historic interest as part of a major Welsh civic engineering scheme. The listing was consistent with statutory criteria and policy guidance, and the court found no grounds to interfere with the decision.
Court Disposition
Claim dismissed
Orders
- Claim for judicial review dismissed
- Claimant to pay defendants' costs, assessed summarily at £21,596
Full Case Text
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